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2016 Supreme(All) 625

VIVEK KUMAR BIRLA
GAUTAM FILLING STATION – Appellant
Versus
MUNNU SINGH – Respondent


Advocates:
Counsel :
Archit Mehrotra for the Appellant.

JUDGMENT

Hon’ble Vivek Kumar Birla, J.—Heard Sri Archit Mehrotra learned counsel for the appellant and perused the record.

2. At the very outset, learned counsel for the appellant prays that he may be permitted to correct the name of the appellant, which is only a typing mistake.

3. Prayer is allowed. He may do so during the course of day. Office is directed to make necessary correction in the office record.

4. The appellant herein is Gautam Filling Station (owner of tanker No. UP 21-N/1123). The appellant has come up challenging the judgement and award dated 27.2.2014 passed by the Motor Accidents Claim Tribunal, Moradabad whereby a sum of Rs. 1,98,900/- with interest at the rate of 7% from the date of filing of the claim petition has been awarded.

5. In brief, the facts of this case are that on 27.4.2011 at about 6:30 pm claimant-Munnu Singh was standing by the side of the road and was having sugarcane juice. He was hit by tanker No. UP 21-N/1123, which was being driven rashly and negligently by the driver of the tanker. The tanker hit the sugarcane juice trolley and the claimant was injured. He was rushed to Vivekanand Hospital, Moradabad and had incurred about Rs. 4,00,000/- on
























































































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